Do You Still Need a Will If You Have a Trust in Colorado?

When people create a living trust, they often assume they no longer need a will. After all, one of the biggest advantages of a trust is avoiding probate. However, in Colorado, having a trust does not eliminate the need for a will. In fact, most well-drafted estate plans include both. Understanding why can help you protect your family, your property, and your peace of mind.

What a Trust Does and Doesn’t Do

A revocable living trust allows you to transfer ownership of your assets into the trust during your lifetime. You still have full control over those assets, but when you pass away, they can be distributed directly to your chosen beneficiaries without going through probate.This saves time, keeps matters private, and often reduces costs.

However, a trust only controls the property that has been properly titled in the trust’s name. Any assets left out of the trust, whether by accident or oversight, may still have to go through probate unless you have a will in place to handle them.

The Role of a “Pour-Over Will”

Most people who create a trust also have what’s called a pour-over will. This type of will acts as a safety net. It “catches” any assets that weren’t transferred into the trust during your lifetime and directs them to be added (“poured over”) into the trust upon your death.

For example: Suppose you set up a living trust but later buy a cozy vacation cabin in Breckenridge, your dream getaway for skiing, hot cocoa, and avoiding emails. In the excitement, you forget to retitle it in the name of your trust. Without a will, that cabin could end up stuck in probate and might even be distributed under Colorado’s intestacy law, meaning your “relaxation retreat” could accidentally become your uncle Gary’s new Airbnb venture.

With a pour-over will, that property would still be transferred to your trust, ensuring it follows your estate plan.

Other Reasons You Still Need a Will in Colorado

Even if your trust is fully funded, there is still an important reason to have a will. A will allows you to name guardians for your minor children. While your trust controls how your assets are managed and distributed, it does not determine who will care for your kids if something happens to you. Only a will can legally appoint a guardian and ensure your children are raised by the people you choose.

What Happens If You Don’t Have a Will?

If you pass away without a will or a fully funded trust, Colorado’s intestacy laws determine who inherits your property. That might not align with your intentions. For example, under intestacy, certain relatives may inherit ahead of others, or a blended family situation could become complicated quickly. Having a will ensures that doesn’t happen.

The Bottom Line

A trust is a powerful estate planning tool, but it doesn’t completely erase the need for a will. Think of your trust as the main structure of your estate plan and your will as the foundation that supports it. Without both, you could unintentionally leave gaps that cause confusion or court involvement later.

At Evergreen Law, we help Colorado families create coordinated estate plans that include both a revocable trust and a will. Together, these documents ensure your wishes are carried out smoothly, your loved ones are cared for, and your legacy is protected. Book a free consultation today to see how we can help you protect your family and future.